[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1483 Engrossed in House (EH)]
110th CONGRESS
1st Session
H. R. 1483
_______________________________________________________________________
AN ACT
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
extend the authorization for certain national heritage areas, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Celebrating America's Heritage
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES
Sec. 1001. Extensions of authorized appropriations.
Sec. 1002. Evaluation and report.
TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
Sec. 2001. Short title; table of contents.
Sec. 2002. Purposes.
Sec. 2003. Definitions.
Sec. 2004. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 2005. Management plan.
Sec. 2006. Evaluation; report.
Sec. 2007. Local coordinating entity.
Sec. 2008. Relationship to other Federal agencies.
Sec. 2009. Private property and regulatory protections.
Sec. 2010. Authorization of appropriations.
Sec. 2011. Use of Federal funds from other sources.
Sec. 2012. Sunset for grants and other assistance.
Subtitle B--Niagara Falls National Heritage Area
Sec. 2021. Short title; table of contents.
Sec. 2022. Purposes.
Sec. 2023. Definitions.
Sec. 2024. Designation of the Niagara Falls National Heritage Area.
Sec. 2025. Management plan.
Sec. 2026. Evaluation; report.
Sec. 2027. Local coordinating entity.
Sec. 2028. Niagara Falls Heritage Area Commission.
Sec. 2029. Relationship to other Federal agencies.
Sec. 2030. Private property and regulatory protections.
Sec. 2031. Authorization of appropriations.
Sec. 2032. Use of Federal funds from other sources.
Sec. 2033. Sunset for grants and other assistance.
Subtitle C--Muscle Shoals National Heritage Area
Sec. 2041. Short title; table of contents.
Sec. 2042. Purposes.
Sec. 2043. Definitions.
Sec. 2044. Designation of Muscle Shoals National Heritage Area.
Sec. 2045. Management plan.
Sec. 2046. Evaluation; report.
Sec. 2047. Local coordinating entity.
Sec. 2048. Relationship to other Federal agencies.
Sec. 2049. Private property and regulatory protections.
Sec. 2050. Authorization of appropriations.
Sec. 2051. Use of Federal funds from other sources.
Sec. 2052. Sunset for grants and other assistance.
Subtitle D--Freedom's Way National Heritage Area
Sec. 2061. Short title; table of contents.
Sec. 2062. Purposes.
Sec. 2063. Definitions.
Sec. 2064. Designation of Freedom's Way National Heritage Area.
Sec. 2065. Management plan.
Sec. 2066. Evaluation; report.
Sec. 2067. Local coordinating entity.
Sec. 2068. Relationship to other Federal agencies.
Sec. 2069. Private property and regulatory protections.
Sec. 2070. Authorization of appropriations.
Sec. 2071. Use of Federal funds from other sources.
Sec. 2072. Sunset for grants and other assistance.
Subtitle E--Abraham Lincoln National Heritage Area
Sec. 2081. Short title; table of contents.
Sec. 2082. Purposes.
Sec. 2083. Definitions.
Sec. 2084. Designation of Abraham Lincoln National Heritage Area.
Sec. 2085. Management plan.
Sec. 2086. Evaluation; report.
Sec. 2087. Local coordinating entity.
Sec. 2088. Relationship to other Federal agencies.
Sec. 2089. Private property and regulatory protections.
Sec. 2090. Authorization of appropriations.
Sec. 2091. Use of Federal funds from other sources.
Sec. 2092. Sunset for grants and other assistance.
Subtitle F--Santa Cruz Valley National Heritage Area
Sec. 2111. Short title; table of contents.
Sec. 2112. Purposes.
Sec. 2113. Definitions.
Sec. 2114. Designation of Santa Cruz Valley National Heritage Area.
Sec. 2115. Management plan.
Sec. 2116. Evaluation; report.
Sec. 2117. Local coordinating entity.
Sec. 2118. Relationship to other Federal agencies.
Sec. 2119. Private property and regulatory protections.
Sec. 2120. Authorization of appropriations.
Sec. 2121. Use of Federal funds from other sources.
Sec. 2122. Sunset for grants and other assistance.
TITLE III--STUDY
Sec. 3001. Study and report of proposed Northern Neck National Heritage
Area.
TITLE IV--TECHNICAL CORRECTIONS AND ADDITIONS
Sec. 4001. National Coal Heritage Area technical corrections.
Sec. 4002. Rivers of steel national heritage area addition.
Sec. 4003. South Carolina National Heritage Corridor addition.
Sec. 4004. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 4005. New Jersey Coastal Heritage trail route extension of
authorization.
Sec. 4006. Erie Canalway National Heritage Corridor technical
corrections.
TITLE V--SENSE OF CONGRESS REGARDING FUNDING
Sec. 5001. Sense of Congress regarding funding.
TITLE VI--APPLICATION OF CERTAIN LAWS
Sec. 6001. Application of certain State and local laws.
TITLE I--AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES
SEC. 1001. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended in each of
sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a)
(as redesignated by this Act), and 909(c), by striking ``$10,000,000''
and inserting ``$15,000,000''.
SEC. 1002. EVALUATION AND REPORT.
(a) In General.--For the nine National Heritage Areas authorized in
Division II of the Omnibus Parks and Public Lands Management Act of
1996, not later than 3 years before the date on which authority for
Federal funding terminates for each National Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local management entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National Heritage
Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The report
shall include recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.
TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A--Journey Through Hallowed Ground National Heritage Area
SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Journey
Through Hallowed Ground National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2001. Short title; table of contents.
Sec. 2002. Purposes.
Sec. 2003. Definitions.
Sec. 2004. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 2005. Management plan.
Sec. 2006. Evaluation; report.
Sec. 2007. Local coordinating entity.
Sec. 2008. Relationship to other Federal agencies.
Sec. 2009. Private property and regulatory protections.
Sec. 2010. Authorization of appropriations.
Sec. 2011. Use of Federal funds from other sources.
Sec. 2012. Sunset for grants and other assistance.
SEC. 2002. PURPOSES.
(a) The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``The Journey Through Hallowed Ground National
Heritage Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the
legacy of the American history created along the National
Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, including Native American, Colonial
American, European American, and African American heritage;
(5) to recognize and interpret the effect of the Civil War
on the civilian population of the National Heritage Area during
the war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist
the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the State of West Virginia, and
their units of local government, the private sector, and
citizens residing in the National Heritage Area in conserving,
supporting, enhancing, and interpreting the significant
historic, cultural and recreational sites in the National
Heritage Area; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.
SEC. 2003. DEFINITIONS.
In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National
Heritage Area established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Journey Through Hallowed Ground
Partnership, a Virginia non-profit, which is hereby designated
by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2004. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND NATIONAL
HERITAGE AREA.
(a) Establishment.--There is hereby established the Journey Through
Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
175-mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil
War Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through Loudoun
County, Virginia, to the Route 15 corridor and surrounding
areas encompassing portions of Loudoun and Prince William
Counties, Virginia, then Fauquier County, Virginia, portions of
Spotsylvania and Madison Counties, Virginia, and Culpepper,
Rappahannock, Orange, and Albemarle Counties, Virginia.
(2) Map.--The boundaries of the National Heritage Area
shall include all of those lands and interests as generally
depicted on the map titled ``Journey Through Hallowed Ground
National Heritage Area'', numbered P90/80,000, and dated
October 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park Service
and the local coordinating entity.
SEC. 2005. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural, and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2006. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2007. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Journey Through Hallowed Ground Partnership, as the local
coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2009. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the capacity
of existing roads or to construct new roads) of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy or water or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2010. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2011. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 2012. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
Subtitle B--Niagara Falls National Heritage Area
SEC. 2021. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Niagara Falls
National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2021. Short title; table of contents.
Sec. 2022. Purposes.
Sec. 2023. Definitions.
Sec. 2024. Designation of the Niagara Falls National Heritage Area.
Sec. 2025. Management plan.
Sec. 2026. Evaluation; report.
Sec. 2027. Local coordinating entity.
Sec. 2028. Niagara Falls Heritage Area Commission.
Sec. 2029. Relationship to other Federal agencies.
Sec. 2030. Private property and regulatory protections.
Sec. 2031. Authorization of appropriations.
Sec. 2032. Use of Federal funds from other sources.
Sec. 2033. Sunset for grants and other assistance.
SEC. 2022. PURPOSES.
(a) The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the National
Park Service study report entitled ``Niagara National Heritage
Area Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the
natural, scenic, cultural, and historic resources within the
National Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in American
history and culture, including Native American, Colonial
American, European American, and African American heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in conserving,
supporting, enhancing, and interpreting the significant
historic, cultural, and recreational sites in the National
Heritage Area;
(6) to conserve and interpret the history of the
development of hydroelectric power in the United States and its
role in developing the American economy; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.
SEC. 2023. DEFINITIONS.
In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated pursuant to this
subtitle.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under this
subtitle.
(6) Governor.--The term ``Governor'' means the Governor of
the State of New York.
SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Niagara Falls
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of the area from the western boundary of the town of
Wheatfield, New York, extending to the mouth of the Niagara
River on Lake Ontario, including the city of Niagara Falls, New
York, the villages of Youngstown and Lewiston, New York, land
and water within the boundaries of the Heritage Area in Niagara
County, New York, and any additional thematically related sites
within Erie and Niagara Counties, New York, that are identified
in the management plan developed under this subtitle.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Niagara
Falls National Heritage Area,'' and numbered P76/80,000 and
dated July, 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park Service
and the local coordinating entity.
SEC. 2025. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2026. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2027. LOCAL COORDINATING ENTITY.
(a) Designation.--The local coordinating entity for the Heritage
Area shall be--
(1) for the 5-year period beginning on the date of
enactment of this subtitle, the Commission; and
(2) on expiration of the 5-year period described in
subparagraph (1), a private nonprofit or governmental
organization designated by the Commission.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area; and
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION.
(a) Establishment.--There is established within the Department of
the Interior the Niagara Falls National Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17 members, of
whom--
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from among
individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation
and Historic Preservation, the Niagara River Greenway
Commission, the New York Power Authority, the USA
Niagara Development Corporation, and the Niagara
Tourism and Convention Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara
Falls, New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village
of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the village
of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or
natural resource management, conservation, recreation, and
education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary,
after consideration of the recommendation of the 2
members of the Senate from the State; and
(B) 2 members shall be appointed by the Secretary,
after consideration of the recommendation of the Member
of the House of Representatives whose district
encompasses the National Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for a term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder
of the term for which the predecessor of the member was
appointed.
(B) In general.--A vacancy on the Commission shall
be filled in the same manner as the original
appointment was made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--
(1) In general.--A majority of the members of the
Commission shall constitute a quorum.
(2) Transaction.--For the transaction of any business or
the exercise of any power of the Commission, the Commission
shall have the power to act by a majority vote of the members
present at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least
quarterly at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the authorities
otherwise granted in this subtitle, the Commission may--
(1) request and accept from the head of any Federal agency,
on a reimbursable or non-reimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying out
the duties of the Commission;
(2) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties
of the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants,
or donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of the
National Heritage Area, in addition to the duties otherwise listed in
this subtitle, the Commission shall assist in the transition of the
management of the National Heritage Area from the Commission to the
local coordinating entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(j) Gifts.--For purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift or charitable contribution to the Commission
shall be considered to be a charitable contribution or gift to the
United States.
(k) Use of Federal Funds.--Except as provided for the leasing of
administrative facilities under subsection (g)(1), the Commission may
not use Federal funds made available to the Commission under this
subtitle to acquire any real property or interest in real property.
SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2030. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2031. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2032. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 2033. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
Subtitle C--Muscle Shoals National Heritage Area
SEC. 2041. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Muscle Shoals
National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2041. Short title; table of contents.
Sec. 2042. Purposes.
Sec. 2043. Definitions.
Sec. 2044. Designation of Muscle Shoals National Heritage Area.
Sec. 2045. Management plan.
Sec. 2046. Evaluation; report.
Sec. 2047. Local coordinating entity.
Sec. 2048. Relationship to other Federal agencies.
Sec. 2049. Private property and regulatory protections.
Sec. 2050. Authorization of appropriations.
Sec. 2051. Use of Federal funds from other sources.
Sec. 2052. Sunset for grants and other assistance.
SEC. 2042. PURPOSES.
The purposes of this subtitle include--
(1) to preserve, support conserve and interpret the legacy
of the region represented by the National Heritage Area as
described in the feasibility study prepared by the National
Park Service;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of America, including Native American, Colonial
American, European American, and African American heritage;
(4) to recognize and interpret how the distinctive
geography of the region shaped the development of settlement,
defense, transportation, commerce, and culture there;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government, the
private sector, and the local communities in the region in
identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.
SEC. 2043. DEFINITIONS.
In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Muscle Shoals National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Muscle Shoals Regional Center,
which is hereby designated by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2044. DESIGNATION OF MUSCLE SHOALS NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Muscle Shoals
National Heritage Area in the State of Alabama.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall be
comprised of the counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan; including the Wilson Dam; the
Handy Home; and the Helen Keller birthplace.
(2) Map.--The boundary of the National Heritage Area shall
be as generally depicted on the map titled ``Muscle Shoals
National Heritage Area'', numbered T08/80,000, and dated
October 2007. The map shall be on file and available to the
public in the appropriate offices of the National Park Service
and the local coordinating entity.
SEC. 2045. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural, and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2046. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2047. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Muscle Shoals Regional Center, as the local coordinating entity,
shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2048. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2049. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2050. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2051. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 2052. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
Subtitle D--Freedom's Way National Heritage Area
SEC. 2061. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Freedom's Way
National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2061. Short title; table of contents.
Sec. 2062. Purposes.
Sec. 2063. Definitions.
Sec. 2064. Designation of Freedom's Way National Heritage Area.
Sec. 2065. Management plan.
Sec. 2066. Evaluation; report.
Sec. 2067. Local coordinating entity.
Sec. 2068. Relationship to other Federal agencies.
Sec. 2069. Private property and regulatory protections.
Sec. 2070. Authorization of appropriations.
Sec. 2071. Use of Federal funds from other sources.
Sec. 2072. Sunset for grants and other assistance.
SEC. 2062. PURPOSES.
(a) The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Freedom's Way Heritage Area Feasibility Study'' dated July
1997 and the addendum dated March 2003;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the Commonwealth of Massachusetts and the
State of New Hampshire in order to preserve the special
historic identity of the National Heritage Area;
(4) to manage, preserve, protect and interpret the
cultural, historical, and natural resources of the National
Heritage Area for the educational and inspirational benefit of
future generations; and
(5) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.
SEC. 2063. DEFINITIONS.
In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Freedom's Way National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Freedom's Way Heritage
Association, Inc., which is hereby designated by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2064. DESIGNATION OF FREEDOM'S WAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Freedom's Way
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall include
the following communities in the Commonwealth of Massachusetts:
Winchendon, Ashburnham, Ashby, Gardner, Fitchburg, Westminster,
Princeton, Sterling, Leominster, Townsend, Pepperell,
Lunenburg, Shirley, Lancaster, Clinton, Bolton, Harvard, Ayer,
Groton, Dunstable, Westford, Littleton, Boxborough, Stow,
Hudson, Maynard, Sudbury, Concord, Carlisle, Acton, Bedford,
Lincoln, Lexington, Woburn, Arlington, Medford, and Malden.
Additionally it shall include the following communities in the
State of New Hampshire: New Ipswich, Greenville, Mason,
Brookline, Milford, Amherst, Hollis, and Nashua.
(2) Map.--The boundaries of the National Heritage area
shall be as generally depicted on the map titled ``Freedom's
Way National Heritage Area'', numbered T04/80,000, and dated
July 2007. The map shall be on file and available to the public
in the appropriate offices of the National Park Service and the
local coordinating entity.
SEC. 2065. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for the National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State or Commonwealth in which the National
Heritage Area is located before approving a management plan for
the National Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2066. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2067. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Freedom's Way Heritage Association, Inc., as the local coordinating
entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2068. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2069. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2070. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2071. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under Acts other than this
subtitle for the purposes for which those funds were authorized.
SEC. 2072. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
Subtitle E--Abraham Lincoln National Heritage Area
SEC. 2081. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Abraham
Lincoln National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2081. Short title; table of contents.
Sec. 2082. Purposes.
Sec. 2083. Definitions.
Sec. 2084. Designation of Abraham Lincoln National Heritage Area.
Sec. 2085. Management plan.
Sec. 2086. Evaluation; report.
Sec. 2087. Local coordinating entity.
Sec. 2088. Relationship to other Federal agencies.
Sec. 2089. Private property and regulatory protections.
Sec. 2090. Authorization of appropriations.
Sec. 2091. Use of Federal funds from other sources.
Sec. 2092. Sunset for grants and other assistance.
SEC. 2082. PURPOSES.
(a) The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Feasibility Study of the Proposed Abraham Lincoln National
Heritage Area'' prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key periods in the growth of
America, including Native American, Colonial American, European
American, and African American heritage;
(4) to recognize and interpret the distinctive role the
region played in shaping the man who would become the 16th
President of the United States, and how Abraham Lincoln's life
left its traces in the stories, folklore, buildings,
streetscapes, and landscapes of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government, the
private sector, and the local communities in the region in
identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
SEC. 2083. DEFINITIONS.
In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Looking for Lincoln Heritage
Coalition, which is hereby designated by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2084. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Abraham Lincoln
National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of sites as designated by the management plan within a core
area located in Central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland,
Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock,
Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin,
Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan,
Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott,
Shelby, Tazwell, Vermillion, Warren and Woodford counties.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Proposed
Abraham Lincoln National Heritage Area'', and numbered 338/
80,000, and dated July 2007. The map shall be on file and
available to the public in the appropriate offices of the
National Park Service and the local coordinating entity.
SEC. 2085. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural, and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2086. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2087. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Looking for Lincoln Heritage Coalition, as the local coordinating
entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2088. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2089. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2090. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2091. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 2092. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of the enactment of this subtitle.
Subtitle F--Santa Cruz Valley National Heritage Area
SEC. 2111. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Santa Cruz
Valley National Heritage Area Act''.
(b) Table of Contents.--The table of contents of this subtitle is
as follows:
Sec. 2111. Short title; table of contents.
Sec. 2112. Purposes.
Sec. 2113. Definitions.
Sec. 2114. Designation of Santa Cruz Valley National Heritage Area.
Sec. 2115. Management plan.
Sec. 2116. Evaluation; report.
Sec. 2117. Local coordinating entity.
Sec. 2118. Relationship to other Federal agencies.
Sec. 2119. Private property and regulatory protections.
Sec. 2120. Authorization of appropriations.
Sec. 2121. Use of Federal funds from other sources.
Sec. 2122. Sunset for grants and other assistance.
SEC. 2112. PURPOSES.
The purposes of this subtitle include--
(1) to establish the Santa Cruz Valley National Heritage
Area in the State of Arizona;
(2) to implement the recommendations of the ``Alternative
Concepts for Commemorating Spanish Colonization'' study
completed by the National Park Service in 1991, and the
``Feasibility Study for the Santa Cruz Valley National Heritage
Area'' prepared by the Center for Desert Archaeology in July
2005;
(3) to provide a management framework to foster a close
working relationship with all levels of government, the private
sector, and the local communities in the region and to conserve
the region's heritage while continuing to pursue compatible
economic opportunities;
(4) to assist communities, organizations, and citizens in
the State of Arizona in identifying, preserving, interpreting,
and developing the historical, cultural, scenic, and natural
resources of the region for the educational and inspirational
benefit of current and future generations; and
(5) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.
SEC. 2113. DEFINITIONS.
In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Santa Cruz Valley National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Santa Cruz Valley Heritage
Alliance, Inc., which is hereby designated by Congress--
(A) to develop, in partnership with others, the
management plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of
projects and programs among diverse partners in the
National Heritage Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet the
goals of the National Heritage Area, in accordance with this
subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2114. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Santa Cruz
Valley National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of portions of the counties of Santa Cruz and Pima.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Santa Cruz
Valley National Heritage Area'', and numbered _______, and
dated _______. The map be on file and available to the public
in the appropriate offices of the National Park Service and the
local coordinating entity.
SEC. 2115. MANAGEMENT PLAN.
(a) Requirements.--The management plan for the National Heritage
Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental and
interagency agreements to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, Tribal, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities contained in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the management
plan after designation as a National Heritage Area, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until such
time as the management plan is submitted to and approved by the
Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove the
management plan for a National Heritage Area on the basis of
the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the
diverse interests of the National Heritage Area,
including Federal, State, Tribal, and local
governments, natural and historic resource protection
organizations, educational institutions, businesses,
recreational organizations, community residents, and
private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for
public and Federal, State, Tribal, and local
governmental involvement (including through
workshops and hearings) in the preparation of
the management plan; and
(ii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan;
(C) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if
implemented, would adequately protect, enhance,
interpret, fund, manage, and develop the natural,
historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect
any activities authorized on Federal land under public
land laws or land use plans;
(E) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(F) the Secretary has received adequate assurances
from the appropriate State, Tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, Tribal, and local elements
of the management plan; and
(G) the management plan demonstrates partnerships
among the local coordinating entity, Federal, State,
Tribal, and local governments, regional planning
organizations, nonprofit organizations, or private
sector parties for implementation of the management
plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the management
plan that substantially alters the purposes of the
National Heritage Area shall be reviewed by the
Secretary and approved or disapproved in the same
manner as the original management plan.
(B) Implementation.--The local coordinating entity
shall not use Federal funds authorized by this subtitle
to implement an amendment to the management plan until
the Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this subtitle for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this subtitle.
SEC. 2116. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage Area
under this subtitle, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the National Heritage
Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit a report to the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
The report shall include recommendations for the future role of the
National Park Service, if any, with respect to the National Heritage
Area.
SEC. 2117. LOCAL COORDINATING ENTITY.
(a) Duties.--To further the purposes of the National Heritage Area,
the Santa Cruz Valley Heritage Alliance, Inc., as the local
coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and
sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under this
subtitle, all information pertaining to the expenditure of the
funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and implementing
the approved management plan for the National Heritage Area, the local
coordinating entity may use Federal funds made available under this
subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized under this
subtitle to acquire any interest in real property.
SEC. 2118. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this subtitle affects the authority of
a Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on a National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of a
National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 2119. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 2120. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to carry out this subtitle not
more than $1,000,000 for any fiscal year. Funds so appropriated shall
remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more than
$15,000,000 may be appropriated to carry out this subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity under this subtitle shall be not more than 50 percent;
the non-Federal contribution may be in the form of in-kind
contributions of goods or services fairly valued.
SEC. 2121. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this subtitle shall preclude the local coordinating
entity from using Federal funds available under other laws for the
purposes for which those funds were authorized.
SEC. 2122. SUNSET FOR GRANTS AND OTHER ASSISTANCE.
The authority of the Secretary to provide financial assistance
under this subtitle terminates on the date that is 15 years after the
date of enactment of this subtitle.
TITLE III--STUDY
SEC. 3001. STUDY AND REPORT OF PROPOSED NORTHERN NECK NATIONAL HERITAGE
AREA.
(a) The Secretary of the Interior (hereafter referred to as ``the
Secretary''), in consultation with appropriate State historic
preservation officers, State historical societies, and other
appropriate organizations, shall conduct a study of the suitability and
feasibility of designating the area described in subsection (d) as the
Northern Neck National Heritage Area in the Commonwealth of Virginia.
(b) Criteria.--In conducting the study, the Secretary shall apply
the following criteria to determine the suitability and feasibility of
designating the area described in subsection (d) as a National Heritage
Area:
(1) The area--
(A) has an assemblage of natural, historic,
cultural, educational, scenic, or recreational
resources that together are nationally important to the
heritage of the United States;
(B) represents distinctive aspects of the heritage
of the United States worthy of recognition,
conservation, interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the
local or regional level;
(D) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the heritage of
the United States;
(E) provides outstanding opportunities to conserve
natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or
educational opportunities; and
(G) has resources and traditional uses that have
national importance.
(2) Residents, business interests, nonprofit organizations,
and governments (including relevant Federal land management
agencies) within the proposed area are involved in the planning
and have demonstrated significant support through letters and
other means for National Heritage Area designation and
management.
(3) The local coordinating entity responsible for preparing
and implementing the management plan is identified.
(4) The proposed local coordinating entity and units of
government supporting the designation have documented their
commitment to work in partnership to protect, enhance,
interpret, fund, manage, and develop resources within the
National Heritage Area.
(5) The proposed local coordinating entity has developed a
conceptual financial plan that outlines the roles of all
participants (including the Federal Government) in the
management of the National Heritage Area.
(6) The proposal is consistent with continued economic
activity within the area.
(7) A conceptual boundary map has been developed and is
supported by the public and participating Federal agencies.
(c) Consultation.--In conducting the study, the Secretary shall
consult with the managers of any Federal land within the proposed
National Heritage Area and secure the concurrence of the managers with
the findings of the study before making a determination for
designation.
(d) Boundaries of the Study Area.--The study area referred to in
subsection (a) shall be comprised of the following:
(1) The part of Virginia between the Potomac and the
Rappahannock Rivers in eastern coastal Virginia.
(2) Westmoreland, Northumberland, Richmond, King George,
and Lancaster Counties, Virginia.
(3) Other areas that have heritage aspects that are similar
to those aspects that are in the areas described in paragraphs
(1) and (2) and which are adjacent to or in the vicinity of
those areas.
(e) Report.--The Secretary shall
(1) review, comment on, and determine if the study meets
the criteria specified in subsection (b) for designation as a
National Heritage Area;
(2) consult with the Governor of the Commonwealth of
Virginia; and
(3) not later than 3 fiscal years after the date on which
funds are first made available for this section, submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report on the findings, conclusions and recommendations of
the study, including--
(A) any comments received from the Governor of the
Commonwealth of Virginia; and
(B) a finding as to whether the proposed National
Heritage Area meets the criteria for designation.
(f) Disapproval.--If the Secretary determines that the proposed
National Heritage Area does not meet the criteria for designation, the
Secretary shall include within the study submitted under subsection
(e)(3) a description of the reasons for the determination.
TITLE IV--TECHNICAL CORRECTIONS AND ADDITIONS
SEC. 4001. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.
Title I of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333 as amended by Public Law
106-176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek and Cabin
Creek within Kanawah County, West Virginia, and the counties that are
the subject of the study by the National Park Service, dated 1993,
entitled `A Coal Mining Heritage Study: Southern West Virginia'
conducted pursuant to title VI of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:
``SEC. 105. ELIGIBLE RESOURCES.
``(a) In General.--The resources eligible for the assistance under
section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage Area
Authority; and
``(2) the resources set forth in appendix D of the study by
the National Park Service, dated 1993, entitled `A Coal Mining
Heritage Study: Southern West Virginia' conducted pursuant to
title VI of Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to those
sites listed as `Conservation Priorities' and `Important Historic
Resources' as depicted on the map entitled `Study Area: Historic
Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows
through ``Parks,'' and inserting ``National Coal
Heritage Area Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities,
or'' and inserting ``National Coal Heritage Area
Authority or''; and
(4) in section 106(b), by inserting ``not'' before
``meet''.
SEC. 4002. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.
Section 403(b) of title IV of Division II of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333) is amended by
inserting ``Butler,'' after ``Beaver,''.
SEC. 4003. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.
Section 604(b)(2) of title VI of Division II of the Omnibus Parks
and Public Lands Management Act of 1996 is amended by adding at the end
the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not
part of the Gullah/Geechee Cultural Heritage
Corridor.''.
SEC. 4004. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR TECHNICAL
CORRECTIONS.
Title VIII of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333) is amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the feasibility
study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL
HERITAGE CORRIDOR'' and inserting ``NATIONAL HERITAGE
CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (2), (3), (4), (5), and (6),
respectively;
(C) in paragraph (2) (as redesignated by this Act),
by striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by this Act),
by striking ``807(a)'' and inserting ``805(a)'';
(6) in the heading of section 804, by striking ``canal
national heritage corridor'' and inserting ``national heritage
canalway'';
(7) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810, respectively;
(10) in section 805(c)(2) (as redesignated by this Act), by
striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by this Act)--
(A) in subsection (a)(1), by striking ``Committee''
and inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by
striking ``committee'' and inserting ``secretary'';
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and
inserting ``management entity'';
(D) in subsection (e), by striking ``807(d)(1)''
and inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)''
and inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by this Act), in
subsection (c) by striking ``Cayohoga Valley National
Recreation Area'' and inserting ``Cayohoga Valley National
Park'';
(13) in section 808 (as redesignated by this Act)--
(A) in subsection (b), by striking ``Committee
or''; and
(B) in subsection (c), in the matter before
paragraph (1), by striking ``Committee'' and inserting
``management entity''; and
(14) in section 809 (as redesignated by Act), by striking
``assistance'' and inserting ``financial assistance''.
SEC. 4005. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION OF
AUTHORIZATION.
Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended as
follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive
materials, devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of
the strategic plan shall not require a non-Federal
match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.
SEC. 4006. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR TECHNICAL
CORRECTIONS.
The Erie Canalway National Heritage Corridor Act (title VIII of
Appendix D of Public Law 106-554, 114 Stat. 2763A-295) is amended--
(1) in section 804(b)--
(A) by striking ``27'' and inserting ``at least 21
members, but not to exceed 27'';
(B) in paragraph (2), by striking ``Environment''
and inserting ``Environmental'';
(C) in paragraph (3), by striking ``19'';
(D) in paragraph (3)--
(i) by striking subparagraph (A) and
redesignating subsequent subparagraphs
accordingly;
(ii) in subparagraph (B) (as redesignated
by clause (i)), by striking the second
sentence; and
(iii) by adding after subparagraph (B) the
following new subparagraph:
``(C) The remaining members shall be based on
recommendations from each member of the United States
House of Representatives whose district encompasses the
Corridor, each of whom shall be a resident of or
employed within the district from which they shall be
recommended.'';
(2) in section 804(f), by striking ``Fourteen members of
the Commission'' and inserting ``A majority of the seated
(sworn) Commissioners'';
(3) in section 804(g), by striking ``14 of its members.''
and inserting ``a majority of the seated (sworn)
Commissioners.'';
(4) in section 804(h)(4), by striking ``staff to carry out
its duties;'' and inserting ``such staff as may be necessary to
carry out its duties. Staff appointed by the Commission--
``(A) may be appointed subject to the provisions of
title 5, United States Code, governing appointments in
the competitive service; and
``(B) may be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of such
title relating to the classification and General
Schedule pay rates;'';
(5) in section 804(j), by striking ``10 years after the
date of enactment of this title'' and inserting ``15 years
after the date of the enactment of this title'';
(6) in section 807(e), by striking ``duties with regard to
the preparation and approval of the Canalway Plan.'' and
inserting ``duties.'';
(7) in section 807, by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability of
appropriations, the Superintendent of Saratoga National Historical Park
may, on request, provide to public and private organizations in the
Heritage Area, including the Commission, any operational assistance
that is appropriate for the purpose of supporting the implementation of
the management plan.''; and
(8) in section 810(a)(1), by inserting after the first
sentence: ``Such sums shall remain available until expended.''.
TITLE V--SENSE OF CONGRESS REGARDING FUNDING
SEC. 5001. SENSE OF CONGRESS REGARDING FUNDING.
It is the sense of Congress that the Federal Government should not
fund a national heritage area in perpetuity.
TITLE VI--APPLICATION OF CERTAIN LAWS
SEC. 6001. APPLICATION OF CERTAIN STATE AND LOCAL LAWS.
All designated and future designated lands within any natural
heritage area for which funding is provided under this Act shall be
exclusively governed by relevant State and local laws regarding
hunting, fishing, and the possession or use of a weapon, trap, or net.
Passed the House of Representatives October 24, 2007.
Attest:
Clerk.
110th CONGRESS
1st Session
H. R. 1483
_______________________________________________________________________
AN ACT
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
extend the authorization for certain national heritage areas, and for
other purposes.